Other than your lawyer, your medical provider is the most important professional in your entire claims process. If your case is about your personal injury, who better than your doctor to explain what caused your injuries, the nature of your injuries, the treatment process, and your future prognosis?
Our job as your attorney is to present your case. We have to prove that the incident wasn’t your fault, you were injured, and the incident caused your injuries. Medical providers are necessary to explain your injuries and link causation. Your doctor(s) will need to testify through deposition or medical narrative that the injuries you are now suffering from are because of the wreck.
Choose a Medical Provider You Have an Established History With
If you see a doctor regularly or have treated for an injury before, we recommend seeing that same doctor after your wreck. Having an established relationship with a medical provider who helped you get better in the past is helpful. Medical providers you have seen in the past can speak to your health prior to the wreck and testify as to how your new injuries are different from any pre-existing conditions.
Be Honest and Comply With Your Doctor’s Treatment Plan
One way medical providers can help or hurt your case depends on your willingness to follow your provider’s treatment plan. If you do not follow the treatment plan prescribed by your doctor, your provider will have to say that when testifying in your case. In addition to complying with your treatment plan, be upfront and honest with your doctors about any prior injuries or conditions that you have had. If it is sprung on your doctor during a deposition that you had a prior injury, he or she cannot confidently testify that your injuries and/or pain are directly caused by the wreck.
Medical Experts Hired By The Defense
One way medical providers can hurt your case is when they are called in as expert witnesses for the defense. Often in personal injury cases, a defense tactic is to hire an independent medical expert. This “expert”, who may have never laid eyes on you as the plaintiff or performed a full examination, reviews the medical records and makes a judgement on your injuries.
Medical Billing
Sometimes a medical provider can hurt your case by charging more for an injury simply because they know your injury was due to a car wreck. Unfortunately, this can cause your provider to lose credibility. One way a medical provider can help your case is by billing your medical insurance first, if you have it. If you do not have medical insurance, a doctor can sometimes hold your bills and get reimbursed out of any settlement you receive. If there is limited amounts of insurance but your bills are significant, sometimes doctors are willing to reduce the total amount of their bills in order to get your case resolved.
In conclusion, medical providers are vital to your case. Choose doctors you know and trust, be honest with them, and comply with their treatment plans.
Although most personal injury cases in Georgia settle before reaching trial, working with a Kennesaw personal injury attorney can significantly improve your chances of receiving full and fair compensation. In Kennesaw and throughout Cobb County, many people mistakenly believe they can manage accident claims on their own. This often leads to unfavorable outcomes, as insurance companies tend to undervalue claims and pressure victims into accepting inadequate settlements.
Consulting an attorney early helps preserve key evidence, meet legal deadlines, and improve your ability to recover full compensation. What starts as a seemingly straightforward claim can quickly become complicated—especially if important details or timelines are overlooked.
If you’ve been injured due to someone else’s negligence in the Kennesaw area, contact Williams Elleby Howard & Easter at (404) 389-1035 to discuss your legal options with an experienced personal injury attorney.
Williams Elleby Howard & Easter: Your Kennesaw Personal Injury Law Firm
At Williams Elleby Howard & Easter, we represent personal injury clients across Kennesaw and Cobb County. Our attorneys approach each case with personalized strategies tailored to the unique circumstances of every injury.We have experience handling a wide range of local cases, including auto accidents at intersections like Barrett Parkway and Cobb Parkway, premises liability claims at Town Center at Cobb, and workplace injuries in Kennesaw’s industrial and commercial areas. This local knowledge helps us navigate the specific challenges our clients face.
Our firm works on a contingency fee basis, so you owe no attorney fees unless we recover compensation on your behalf. This structure makes legal support accessible during a financially difficult time.
We prioritize clear communication, keeping clients informed throughout the legal process. Every case receives careful investigation and detailed preparation from start to finish.
1. Severe Car Accidents in Kennesaw That Require Legal Help
Car accidents causing brain injuries, spinal damage, or multiple fractures often require legal action. These injuries lead to high medical costs, long-term care, and lasting lifestyle changes that insurers tend to undervalue.
These costs often total hundreds of thousands of dollars, particularly when injuries prevent you from returning to work. Insurers often push quick settlements before the full extent of your injuries is known. A Kennesaw personal injury attorney can help protect your rights and ensure your damages are properly calculated.
2. Multi-Vehicle Accidents with Complex Liability in Kennesaw
Accidents involving three or more vehicles often present complex liability issues, where fault allocation directly impacts each party’s ability to recover damages. Multi-car crashes on I-75 or at busy Kennesaw intersections often involve multiple insurers and disputes over what actually happened.
Each insurer aims to reduce its driver’s share of fault while shifting blame to others. Without legal representation, you risk being unfairly assigned partial or full responsibility, which can significantly reduce your compensation.
When commercial vehicles are involved, the situation becomes even more complicated. Liability may extend beyond the driver to include the trucking company, cargo handlers, or vehicle manufacturers, depending on the circumstances.
Commercial truck accidents require specialized legal knowledge due to federal regulations, multiple potentially liable parties, and the severity of injuries typically involved. Trucking companies have legal teams and investigators working immediately after accidents to protect their interests.
The Federal Motor Carrier Safety Administration imposes strict rules on truck drivers and companies regarding hours of service, vehicle maintenance, and cargo securement. Violations of these regulations often contribute to accidents and create liability for trucking companies.
Truck accidents may involve the driver, trucking company, cargo shipper, maintenance provider, or vehicle manufacturer depending on the cause. Identifying all responsible parties increases your chances of recovering the full compensation available.
4. Medical Malpractice at Kennesaw Healthcare Facilities
Medical malpractice cases require legal representation due to their complexity and the high burden of proof required under Georgia law. Healthcare providers have professional liability insurance and experienced legal teams defending against these claims.
Common Medical Errors That May Lead to Legal Action
Diagnostic errors, surgical mistakes, medication errors, and failure to obtain informed consent represent common forms of medical malpractice. Emergency departments at facilities like WellStar Kennestone Hospital treat thousands of patients, and even a single oversight can lead to serious harm.
Birth injuries, anesthesia mistakes, and delayed diagnoses of serious conditions like cancer or heart disease may result in permanent harm or death. These cases require medical testimony to prove healthcare providers fell below accepted standards of care.
Georgia Medical Malpractice Requirements
Medical malpractice claims in Georgia must follow strict procedures, including the submission of an expert affidavit and compliance with filing deadlines. Failing to meet these requirements often leads to dismissal, regardless of the claim’s validity.
Licensing and disciplinary records from the Georgia Board of Health Care Workforce can be useful in showing patterns of negligence or prior violations by healthcare providers.
5. Slip and Fall Injuries at Kennesaw Businesses and Properties
Property owners throughout Kennesaw have legal duties to maintain safe conditions for visitors. When they fail to address dangerous conditions like wet floors, poor lighting, or structural defects, injured parties may pursue premises liability claims.
Slip and fall cases require proving the property owner knew or reasonably should have known about the dangerous condition and failed to fix it or warn visitors. This often involves investigating maintenance records, incident reports, and witness statements.
Shopping centers, restaurants, and retail stores see frequent slip and fall accidents that result in serious injuries. Property owners often claim ignorance of dangerous conditions, making thorough investigation and evidence preservation important.
While workers compensation covers most workplace injuries, certain situations allow additional personal injury claims that provide significantly higher compensation than workers compensation alone.
Third-Party Liability Claims
Third-party liability claims arise when someone other than your employer causes workplace injuries. Construction sites often involve multiple contractors, equipment manufacturers, or property owners who may bear responsibility beyond the workers compensation system.
Defective equipment, unsafe premises conditions, or negligent drivers who injure workers may face personal injury liability. These claims require proof of negligence, not just that the injury happened at work.
Toxic Exposure Cases
Long-term exposure to hazardous chemicals, asbestos, or other dangerous substances may require legal action against manufacturers or suppliers of toxic materials. The Occupational Safety and Health Administration maintains workplace safety standards and violation records.
These cases often involve complex medical evidence linking workplace exposures to health problems that develop years later. An experienced Kennesaw attorney can help you navigate the overlap between workers’ compensation and personal injury law.
7. Defective Product Injuries and Consumer Safety
Product liability cases involve manufacturers, distributors, and retailers when defective products cause injuries. These cases often require significant resources to investigate manufacturing processes, design standards, and safety testing procedures.
Automotive defects, dangerous pharmaceuticals, defective medical devices, and consumer products with design flaws represent common sources of product liability claims. Manufacturers have legal obligations to design reasonably safe products and provide adequate warnings about known risks.
Product recall notices from agencies like the Consumer Product Safety Commissionprovide evidence of known defects and manufacturer knowledge. These cases often involve multiple victims and may become class action lawsuits or mass tort litigation.
8. Dog Bite Attacks and Animal Injuries in Kennesaw
Georgia’s dog bite statute makes owners liable for injuries caused by their animals in most circumstances. However, insurance companies often dispute liability by claiming provocation, trespassing, or comparative fault by the victim.
Dog attacks often result in serious injuries including permanent scarring, nerve damage, and psychological trauma requiring ongoing treatment. Children are particularly vulnerable to severe injuries from dog attacks due to their size and inability to defend themselves.
Homeowner’s insurance typically covers dog bite liability, but insurers may deny claims or offer inadequate settlements. An attorney can help you address liability disputes and pursue appropriate compensation for medical care, disfigurement, and emotional distress.
9. Nursing Home Abuse and Neglect Claims in Georgia
Nursing home residents depend on facility staff for basic care, making them vulnerable to abuse and neglect. When facilities fail to provide adequate care, residents may suffer preventable injuries, infections, or worsening medical conditions.
Signs of nursing home neglect include unexplained injuries, medication errors, dehydration, malnutrition, and unsanitary living conditions. Facilities often try to hide negligence and may retaliate against families who raise concerns.
Georgia law provides specific protections for nursing home residents and allows families to pursue compensation for substandard care. These cases require understanding healthcare standards and regulations governing long-term care facilities.
10. Wrongful Death Claims Handled by a Kennesaw Personal Injury Attorney
Losing a loved one due to another’s negligence brings both emotional and financial strain. Georgia’s wrongful death statute (O.C.G.A. § 51-4-2) offers specific legal remedies in these cases.
These claims pursue compensation for the full value of the deceased’s life, including lost income, support, and non-economic losses such as companionship and guidance. Calculating these damages involves assessing earning potential, life expectancy, and family dynamics.
Strict procedures and deadlines apply, and only certain family members are eligible to file. Any recovery is distributed according to Georgia’s statutory guidelines.
11. Motorcycle Accident Injuries in Kennesaw and How to Recover Damages
Motorcycle accidents often result in catastrophic injuries due to the lack of protection compared to enclosed vehicles. Bias against motorcyclists sometimes affects how insurance companies and juries view these cases, making experienced legal representation particularly important.
Common Motorcycle Accident Injuries
Common motorcycle accident injuries include road rash requiring skin grafts, broken bones, traumatic brain injuries, and spinal cord damage. These injuries typically require extensive medical treatment and may result in permanent disabilities affecting quality of life and earning capacity.
The National Highway Traffic Safety Administration tracks motorcycle accident statistics showing that motorcyclists are 28 times more likely to die in crashes than car occupants. This data highlights the severity of motorcycle accidents and the importance of fair compensation.
How to Overcome Motorcycle Bias in Injury Claims
Insurance companies often try to blame motorcyclists for accidents by claiming reckless driving, lane splitting, or failure to wear protective gear. Detailed accident reconstruction and credible witness testimony are key to countering these unfair assumptions.
Georgia law treats motorcycles as vehicles with the same rights as cars on public roads. Motorcyclists have the right to full lane use and cannot be blamed simply for choosing to ride a motorcycle.
12. Pedestrian Injuries and Crosswalk Accidents in Kennesaw
Pedestrian accidents frequently lead to severe injuries, as individuals on foot are especially vulnerable when struck by vehicles. In Kennesaw, areas near Kennesaw State University and major shopping centers often experience a higher volume of pedestrian traffic, increasing the likelihood of serious incidents.
Most pedestrian accidents are caused by driver negligence, including distracted driving and failure to yield the right-of-way. Despite this, insurance companies may attempt to shift blame onto pedestrians, citing factors such as crossing outside designated crosswalks, wearing dark clothing at night, or being distracted by mobile devices.
Thorough investigation of these incidents involves reviewing traffic signal patterns, crosswalk design, visibility at the time of the accident, and the driver’s actions leading up to the collision. Security camera footage from nearby businesses can also serve as valuable evidence in clarifying how the incident occurred and who may be at fault.
13. Bad Faith Insurance Disputes in Georgia Personal Injury Cases
Insurance companies have legal obligations to handle claims in good faith and pay valid claims promptly. When insurers violate these duties, Georgia law allows additional damages beyond the original claim amount.
Bad faith practices include unreasonably denying valid claims, failing to investigate claims properly, or delaying payments without justification. Insurance companies sometimes prioritize profits over policyholder rights, leading to violations of state insurance regulations.
Coverage disputes arise when insurers claim policy exclusions apply or argue about the extent of covered damages. These disputes often require legal analysis of policy language and insurance law to protect your rights.
14. Drunk Driving Injury Claims: Civil Remedies for DUI Victims
Accidents involving intoxicated drivers frequently lead to serious injuries and may trigger both criminal prosecution and civil liability. While the criminal process is aimed at penalizing the offender, civil claims seek financial compensation for victims and their families.
Under Georgia law,drunk drivers may face increased liability, including the possibility of punitive damages in addition to compensation for medical expenses, lost income, and other losses. In some cases, businesses that serve alcohol to noticeably intoxicated individuals may also be held responsible under the state’s dram shop laws.
Evidence gathered during a criminal investigation—such as blood alcohol content results and field sobriety tests—can play a significant role in supporting a related civil claim. However, civil cases proceed independently from criminal charges and follow different standards of proof and procedure.
15. Personal Injury Claims Against Government Entities in Georgia
Claims against government entities require compliance with special notice requirements and procedural rules that differ from standard personal injury cases. Missing these requirements typically results in losing your right to pursue compensation entirely.
Government liability may arise from dangerous road conditions, defective traffic signals, or negligent actions by government employees. However, sovereign immunity limits government liability in certain circumstances, making legal analysis important.
Notice requirements for government claims often range from 30 to 90 days depending on the specific entity involved. These deadlines are much shorter than the standard two-year statute of limitations for personal injury cases under O.C.G.A. § 9-3-33.
FAQ for Kennesaw Personal Injury Attorney
When do I need to hire a Kennesaw personal injury attorney?
You need legal representation when facing serious injuries, disputed liability, insurance company bad faith, or complex situations involving multiple parties. If your medical bills exceed $10,000, you’ve missed work due to injuries, or the insurance company denies your claim, consulting with an attorney protects your rights and helps maximize your recovery.
How much does a personal injury lawyer cost in Kennesaw?
Most personal injury attorneys in Kennesaw work on contingency fees, meaning you pay no attorney fees unless they recover compensation for your case. Contingency fees typically range from 33% to 40% of any settlement or court award, allowing injured people to access legal representation without upfront costs.
How long do I have to file a personal injury claim in Georgia?
Georgia generally gives you two years from the date of injury to file a personal injury lawsuit under O.C.G.A. § 9-3-33. However, claims against government entities have much shorter notice requirements, often 30 to 90 days. Missing these deadlines usually results in losing your right to pursue compensation.
Can I still recover compensation if I was partially at fault for my accident?
Under Georgia’s modified comparative negligence rule, you can recover damages if you are less than 50% at fault. Your compensation will be reduced by your percentage of fault, but you may still receive significant damages. An experienced attorney can help minimize fault attribution and maximize your recovery.
What types of damages can I recover in a Kennesaw personal injury case?
You may recover compensation for medical expenses, lost wages, pain and suffering, property damage, and future medical care needs. Severe injuries may also justify compensation for lost earning capacity, permanent disability, and loss of quality of life. The specific damages depend on your injury severity and long-term impact.
How long does a personal injury case take to resolve?
Personal injury cases typically resolve within 6 months to 2 years, depending on injury severity, liability disputes, and insurance company cooperation. Simple cases with clear liability and minor injuries often settle quickly, while complex cases involving serious injuries or multiple parties may take longer to achieve fair resolution.
Don’t Let Insurance Companies Take Advantage of You
Insurance companies profit by paying less than claims are actually worth, and they use sophisticated strategies to minimize payouts to unrepresented claimants. What seems like helpful guidance from insurance adjusters often serves their financial interests rather than your recovery needs.
The legal system provides powerful tools to hold negligent parties accountable and recover full compensation for your injuries, but these tools require knowledge and experience to use effectively. Attempting to navigate complex legal and insurance issues while recovering from injuries puts you at a significant disadvantage.
Delaying legal action gives insurers more time to build a case against you and increases the risk of losing valuable evidence. The sooner you understand your rights and options, the better your chances of achieving a fair result.
Contact Williams Elleby Howard & Easter at (404) 476-6058 today to discuss your personal injury case. Taking action now protects your future and holds negligent parties accountable for the harm they’ve caused.
Hiring a personal injury attorney can be a daunting process. There are many choices and aspects to consider. But, discovering which attorney is best for you and your personal injury case can be easier than you think. Our team has gathered 15 questions you should ask before hiring any attorney.
No matter the type of legal case, you want to be a priority for your attorney. As a personal injury victim, you do not want to have a distracted attorney who is busy handling a divorce or property line disputes. A way to prevent this is by finding an attorney who focuses their practice strictly on personal injury cases. Not only will this increase your chances of taking precedence, but it will also ensure that your attorney is familiar with the pre-suit process.
Communication is vital to a healthy attorney-client relationship. While email and letters can be effective, sometimes it is not enough. You deserve to know exactly what is going on with your case. Find an attorney who is willing to give you his or her cell phone number to ensure that you will have open communication about your case.
Some law firms have designated attorneys to speak with clients. However, this may not be the attorney who will take your case. They may give your case to a junior associate or even a different law firm. To prevent your case from being handed off to others who may be less experienced, ask this question before hiring the attorney.
Not all cases can be handled quickly and out of court. You want an attorney who is experienced in front of a jury and prepared to take your case to trial to obtain the compensation you deserve. Hiring an experienced trial attorney could make the difference in your recovery if your case has to be tried.
Most attorneys work on a contingency fee basis, meaning if they win your case, they get paid a percentage of the gross overall recovery that you are awarded in your case. You will want to make sure that percentage is reasonable. You should be aware of how the firm manages the expenses they advance on your behalf. Ask them about interest and overhead. These expenses can add up and be the difference of thousands of dollars in legal fees.
Again, you need to make sure your attorney dedicates the proper amount of time to your case. If an attorney handles several cases at one time, then they may not have enough time to devote to you. As previously mentioned, the amount of time an attorney gives to your case ultimately impacts the amount of recovery you receive. Plus, being one of several cases may foster a bad relationship between you and your attorney.
Some attorneys busy themselves with business management practices. You need an attorney who spends a great deal of time focused on trying cases. You should be confident in the amount of time your attorney spends working on cases and make sure your case receives the attention you deserve.
A lack of case updates is the number one complaint from clients to the State Bar. All attorneys have a duty to communicate with their clients. To understand what communication efforts to expect from your attorney, ask them this question. This will ultimately promote a healthy attorney-client relationship.
Cases can take anywhere from a few months to a few years. Due to all the factors that play a part, your attorney will not be able to give you an exact number. However, they should be able to give you a general estimate. It is always best to have similar expectations as your attorney when understanding the general timeline of your case.
In order to receive the maximum recovery, you will need to show your case in the best light. Having an attorney that knows your case’s challenges is key. This way, they know how to best present your case and prevent any shocking revelations while your case is being tried.
Make it easier on yourself in case this event occurs. Ask this question before hiring anyone so that you and your attorney are on the same page. Having to fire an attorney is already stressful. Knowing how to fire someone and the consequences can relieve some of the stress. Plus, it can prevent you from having to pay unexpected fees and expenses.
There are lawyers who want to settle no matter what. This can limit your overall recovery costs. However, trial lawyers have better results all around. This is often because insurance companies are aware that trial lawyers will fight for the maximum recovery. Having someone truly in your corner is much more beneficial than hiring someone who wants to make a quick buck.
Again, communication is key when it comes to your satisfaction with your attorney. Asking this question is a great way to know what to expect from your attorney. While they could be busy with another case or deposition, there should be a reasonable turnaround time for any questions you have.
This is a trick question to ask your attorney. Any attorney that guarantees a certain amount is misguided and needs to be avoided. It is against the law to guarantee any recovery amount. However, many attorneys may be able to give you an estimate of what they think the case is worth, which is much more reasonable.
Can you explain all aspects of the claims process?
This question will serve three purposes: determine expectations for your suit, ensure the attorney’s knowledge of the claims process and show the attorney’s amount of patience for your questions. You need to be comfortable with their reaction and response to this question before you hire that attorney.
We hope these questions provide you with the information and confidence you need to hire the right personal injury attorney. Remember, communication and the right expectations are key to having a successful experience. If you or a loved one needs a personal injury attorney in Georgia, contact Williams Elleby Howard & Easter at 833-LEGALGA to set up a free consultation with one of our experienced personal injury attorneys. We are committed to fighting for and protecting our clients.
For the fourth consecutive year, Around Acworth magazine has honored Williams Elleby Howard & Easter with a Reader’s Choice Award for Best Attorney.
“We’re excited, proud and humbled to receive an Around Acworth 2021 Readers’ Choice Award,” said Joel Williams, founder and partner at Williams Elleby Howard & Easter. “This award marks four years of recognition for our commitment to serving local Acworth clients. After the challenging year we have all faced, we are thankful to our clients for trusting us to handle their personal injury cases.”
The winners of the Around Acworth Readers’ Choice Awards are nominated in their respective categories and voted on by the community. This award celebrates entrepreneurial spirit and keeps readers’ focus on supporting local businesses.
“It is a privilege to fight for justice for our clients, especially during some of the most difficult times of their lives,” said Chase Elleby, partner at Williams Elleby Howard & Easter. “I’m proud of the accomplishments our team has achieved on behalf of our fellow Georgians over the past year, and we appreciate the opportunity to serve those in vulnerable positions following a personal injury.”
Attorneys Joel Williams and Chase Elleby are based in Kennesaw but they litigate catastrophic injury and wrongful death cases throughout the State of Georgia. For more information about the firm, visit www.gatrialattorney.com or follow the firm on Youtube, Facebook, Instagram, LinkedIn and Twitter.
The time following a car wreck can be scary and confusing. Unfortunately, insurance companies and their lawyers often take advantage of victims during this time of pain and suffering. A bit of insider knowledge can go a long way, which is why our team has gathered 30 secrets you should know after a car wreck that will help you maximize your recovery and ensure you are treated fairly throughout the entire process of filing your case.
Do NOT Accept Premature Offers from Insurance Companies
Soon after a car wreck, insurance companies may contact you and agree to pay your medical bills up to a certain amount. They may even add additional compensation for “pain and suffering.” In most cases, we advise you to never accept this amount. Oftentimes, this offer is made too early and before you truly know the extent of your injuries. Do not sign anything or take any settlement offers until you have contacted an experienced attorney and understand the full amount of your bills.
Be Careful What You Say at the Scene and to your Medical Providers
At the scene of the accident, it is important to be careful with what you say and how you say it. Your words can be used against you at trial as an admission of fault by you. While at the scene, carefully listen to what the other parties involved say and make note, especially if the other parties involved admit fault to you or the police officers.
Additionally, when speaking with your medical providers and the emergency personnel on the scene, be mindful about what you say. If you are hurt, tell them! It is important to be honest with your medical providers and make it very clear about your injuries, so they take note of it in your medical records. These medical records are important and will be admissible at trial.
Insurance Companies Hire Investigators to Follow You After an Accident
Whether it’s to the gym or a walk in the park, even the most innocent actions can be used against you. Investigators are hired to take photos and videos of you as evidence for the insurance companies. They will also search your social media accounts, so be careful about what you post about online as well.
Almost everyone has a cell phone on them at the time of an accident. Use your phone as a tool and make sure to take plenty of photos and videos of the damage to the vehicles, the roadway scene and your injuries. Additionally, take videos that include audio to record conversations. Audio and video recordings can help you win your case, especially if anyone says something that would be incriminating or shows that they are at fault.
If you are physically able at the time of the accident, gather any contact information from witnesses that observed the accident or stopped to help. At the very least collect their names and phone numbers. Independent witness statements and testimonies can make or break your case. Make sure you share this information with your attorney. These witnesses can help dispute any excuses made by the at fault party and help you win your case.
Insurance Companies Will Not Pay You If You Do Not Properly Document Your Bodily Injuries
It is important to know how to properly document your injuries after an accident. Make sure to take pictures of any bruising, broken bones or anything out of place. If you are injured, go to the emergency room or an urgent care right away. After your initial medical treatment, follow up with your primary care physician or any specialists that are specific to your injury. Seeking medical treatment is important for your health and so your medical providers can accurately document the nature and extent of your injuries in the medical record.
If You Do Not Notify Your Car Insurance Company After a Car Wreck, They Will Deny Coverage
This is extremely important, especially if you were the at fault driver. Additionally, if you were hit by an uninsured/underinsured driver, the insurance company must be notified within a certain number of days to get the coverage according to your automobile policy. However, it is critical that you contact your attorney before contacting your insurance company. While you may have a few days to find an attorney, you need to reach out as soon as possible to guarantee the insurance company will agree to pay your claim.
You Don’t Need to Overpay for Legal Representation
Most car accident attorneys work under a contingency fee basis and get paid a percentage of the gross recovery for you. Do not be tricked into paying 45-50% for a simple car wreck case! A good attorney will handle your lawsuit for a third of the gross recovery, if it settles without filing a lawsuit. If a lawsuit is filed, it may cost you more due to the increase in work and time involved. But, make sure to do your research before hiring an attorney: call around, ask around and find the best attorney for you.
Use Health Insurance to Pay Your Medical Bills After a Wreck
In the state of Georgia, there is the “Collateral Source Rule” meaning the at-fault driver is not allowed to benefit from your foresight in obtaining medical coverage. Of course, not everyone has health insurance, but if you contact your attorney, they will be able to put you in contact with a medical provider who may treat you on a lien.
You Do Not Have to Give a Recorded Statement to the At-Fault Driver’s Insurance Company
While you may need to give a recorded statement to your insurance company under your insurance contract, you are not required to give a recorded statement to the at-fault driver’s insurer. These adjustors may call you and ask what happened and try to record the conversation. You do not have be polite and agree to speak with them without hiring an attorney first. They will likely ask questions designed to hurt your case and their job is pay you as little money as possible, so be wary of answering any of their questions.
Online Directories Rank Lawyers Based on How Much Money the Lawyer Pays the Directory
While online directories can be useful, it is important to do your own research. Usually, the lawyers paying the most money to be added to the directory are ranked the highest on the lists. It is better to browse through the lawyers’ websites, take advantage of their free consultations, and interview 2-3 law firms to make sure you find the right lawyer with the right experience for your case. Trust your gut and take the power into your own hands!
Your Claim is Worth Less with Inconsistent Medical Treatment
If you are not consistent with your medical treatment, you will devalue your case. Insurance companies will often offer you less compensation if you wait too long to go to the doctor or if you do not consistently attend all of your appointments. Insurance companies are searching for these gaps in your treatment in order to offer you less money. If your case goes to trial in Georgia, a judge will inform a jury that you have a duty to mitigate your damages. So, it is important to go to the doctor and seek the necessary treatment.
You Can Afford Medical Treatment Even If You Don’t Have Health Insurance
Many chiropractors, orthopedic doctors and neurologists are willing to treat you on a lien if you do not have access to health insurance. This means, in exchange for your agreement to pay them out of any settlement or recovery you get from the insurance companies, they will refrain from sending you any bills until you receive a recovery. It is important to go ahead and get the necessary medical treatment.
Paying a Citation is Evidence of Fault in a Civil Case
If you are issued a citation after a car wreck and you pay it, in the state of Georgia that action will be used against you as evidence in any underlying civil case. While you should always take responsibility for any personal wrongdoing, you need to be aware that paying a citation is considered a guilty plea. Oftentimes, you have options other than paying the citation – how you proceed can affect any underlying civil claims.
Facebook, Instagram, Twitter and even TikTok can influence the outcome of your case. Be careful what pictures you post and never post any information about your accident or your injuries. Even innocent things like a picture holding your small child or participating in a physical activity can be used against you and have an effect on your case. Additionally, make sure you are not tagged in any photos from friends or family members. However, if you have already posted something, please do not delete it. This could be considered destroying evidence.
Some Lawyers Charge Interest on Expenses They Advance in Your Case
As previously discussed, many attorneys are paid on a contingency fee basis. Attorneys advance expenses and costs that are necessary in order to maximize your ultimate recovery. Some law firms charge interest on these expenses.
As you search for the right lawyer for your case, ask ahead of time if you will be expected to pay interest on these advances. This could affect your net overall recovery and is important to understand ahead of time. At Williams Elleby Howard & Easter, we do not charge interest on these expenses for our clients. We simply charge dollar for dollar for the expenses we incur.
Medical Records Are Cheaper if You Order Them Yourself
While your lawyer and his/her paralegal can order your medical records on your behalf, it is often more expensive for you. The medical facilities will charge the law firm more than they will charge an individual. If you work with your law firm to order the medical records yourself, you will often save money in the long run.
If you are dissatisfied with your lawyer’s service, call and sit down with your attorney and express your concerns. Oftentimes clients are able to work through issues and resolve any miscommunication or concerns. However, if you are still not satisfied with the efforts of your attorney, you have the right to fire them. Be aware: you may have to pay any expenses they have advanced on your behalf and additional fees.
Some Lawyers May Try to Settle Your Case Without Your Express Permission
This may sound unbelievable, but it is true! It is the lawyer’s job to use their experience and research to advise you on a reasonable settlement amount for your case. However, the decision to settle should be left up to you. When you are hiring a lawyer, make sure you are on the same page that you will make all final decisions about actual settlements and numbers for your case.
Go Over the Complaint or Lawsuit with Your Lawyer Prior to Filing
It is important to understand the content of your complaint because you may be cross examined about the allegations in your lawsuit later at a deposition or trial. In complaints there may be a lot of legal jargon and allegations, but they also include basic facts that you need to be familiar with. Your lawyer should assist you with understanding and verifying the information included in the complaint prior to filing.
How You Respond to Interrogatory Questions Can Make or Break Your Case
Interrogatories are formal written questions that you must answer in writing under oath as part of the general discovery process. It is important to work with your lawyers to make sure your answers are true and accurate because you can be questioned about them later. If your testimony is inconsistent with your answers to interrogatory questions, your case may suffer. These questions may discuss anything from preexisting conditions to how the wreck happened, so make sure you take the time to answer these questions accurately.
While you may disagree with the ruling in your case, it is best to call your attorney and let them properly handle addressing any issues while following the appropriate rules and procedures. Your attorney should be intimately familiar with these rules, so let him or her handle the situation.
Many people are tempted to be dishonest about the details of their accident. Whether they lie about texting while driving or withhold information about preexisting conditions, the truth always comes out. Don’t let yourself be embarrassed when you are cross examined. Choose to be honest and your case will ultimately be better for it.
Extensive Deposition Preparation with Your Lawyer is Vital to Winning Your Case
A deposition is an out of court testimony where lawyers and a court reporter is present for you to answer a series of questions under oath. Unlike a trial, there are no jury members or a judge present. Preparing for you deposition with your lawyer is one of the most important things you can do to help win you case. Depositions allow other lawyers to ask you a wider variety of questions than what they are allowed to ask while you are on the witness stand at trial. It is important to sit down with your lawyer beforehand to discuss potential questions to make sure you are prepared.
You Can Attend All Depositions that Occur in Your Case
We believe it is important for clients to consider attending all the depositions in their case. It will help you understand the full picture and hear what others are saying about the facts and critical issues in your case. Additionally, it is our opinion that if your lawyer knows you will be watching and listening during depositions, they will be even more motivated to prepare and perform at their best.
Mediation is a formal settlement conference where a neutral third party (mediator) helps the two parties try and reach a formal settlement agreement. During these meetings, don’t forget that you have all the power! You have the ability to accept or reject any settlement offer that is made. While decisions should always be informed by the advice and guidance of your attorney, ultimately it is your decision to settle your case.
A Defective Product, Not the At Fault Driver, May Be the Cause of Your Injuries
While the at-fault driver may have caused the wreck, your injuries may have been caused by a defective part or product within the vehicle itself. Sometimes seatbelts, airbags and tires fail because of negligence during the design or manufacturing process. If you are in a wreck and the injuries seem much worse than they should be, contact a products liability attorney, like Williams Elleby Howard & Easter, to find out if a defective product caused your injuries.
You Have to File the Lawsuit Where the Defendant Resides
To have proper venue, you must file your lawsuit in the county where the at-fault driver resides. If you and the at-fault driver live in different states and your case is worth more than $75,000, your case will end up in federal court because that is where jurisdiction is proper. This is important to understand before filing your car accident case.
Your Medical Providers are the Most Important Witnesses to Prove Your Damages
If you have to go to trial, your doctors, nurses and therapists will be the ones to prove your injuries with the most credibility. While you can testify about your own injuries, these medical professionals carry more credibility because they do not have a stake in the litigation. This gives you even more reason to follow your doctor’s orders and to be kind to them during your treatment because you will likely need them later at trial.
You Won’t Pay Taxes on Most Personal Injury Recoveries
As of April 2021, you do not have to pay taxes on money that you receive for personal physical injuries, medical bills or pain and suffering. While there are certain types of damages you may have to pay taxes on (i.e. interest, punitive damages, lost wages, etc.), your lawyer should structure your case so you do not have to pay taxes for bodily injuries.
We hope these secrets help you proceed with confidence after an accident. Do not let yourself become a victim of insurance companies after a car wreck. If you or a loved one has been injured in a car accident in Georgia, contact Williams Elleby Howard & Easter at 833-LEGALGA to set up a free consultation with one of our experienced car accident attorneys. We are committed to fighting for our clients and protecting them from the manipulation of insurance companies after an injury.
In Georgia, premises liability is a legal concept that holds owners and occupiers of land responsibile to those who enter their premises. These duties vary according to the relationship between the owner and the person entering the premises.
Exercising Ordinary Care
Business owners may be liable to their business invitees for failing to exercise “ordinary care” in keeping their premises and approaches safe. However, the owner or occupier’s duty to a social guest is to not “knowingly expose” the guest to “an unreasonable risk of harm.” The lowest duty of care is owed to trespassers, which is to not injure the trespasser willfully.
Examples of premises liability cases include:
slip and falls
inadequate security
defective stairs and railings
injuries from falling merchandise in stores
swimming pools which are not adequately fenced
exposure to dangerous chemicals
dog bites
defective ladders
slippery surfaces
Other hazards may exist when buildings are constructed in a manner that does not comply with applicable building codes.
How to Win a Premises Liability Lawsuit in Georgia
To be successful in a Georgia premises liability lawsuit, you generally must prove the following:
A dangerous condition existed on the property
The owner or occupier of the property had knowledge of the dangerous condition
The owner or occupier failed to remove or warn of the dangerous condition
The dangerous condition was the cause of your injury
Whether you have been injured in a public area such as a store, shopping mall, hotel, office building or apartment complex, Williams Elleby Howard & Easter can help you understand your rights and options under Georgia law. Contact us at 833-LEGALGA for your FREE consultation today
No two personal injury cases are alike. What’s more, even cases with similar fact patterns can reach wildly different conclusions. Between two similarly situated plaintiffs, one could obtain a quick settlement while another could face years of litigation.
Despite these differences, there is a general timeline that applies to every personal injury lawsuit. Unless a case reaches a settlement, this timeline typically results in a trial by jury. The following steps outline the course most lawsuits will take in Georgia.
The Demand Letter
There are steps you must take before you can ever file a personal injury lawsuit. According to O.C.G.A. Section 9-11-67.1, a plaintiff may send a written demand to the at-fault driver or their insurance company prior to filing suit. The law requires the plaintiff to give the other side 30 days to consider the offer in the demand letter.
The Complaint
After the insurance company receives the demand letter, a plaintiff can initiate the lawsuit by filing a document known as the complaint. The complaint lays out your allegations in broad terms. It identifies each defendant and the damage claims you have against them.
Filing the complaint on its own is not enough to move a personal injury lawsuit forward. You must also perfect service against each of the defendants in the case. Once the defendants are formally notified of the claim, they have a set amount of time to file a formal response. This response must address each aspect of your claim and either admit or deny its accuracy. If the defendant fails to answer, the court may enter a default judgment against them.
Often, a defendant will file a series of motions before entering their answer. If there is a fatal error or other problem with the complaint, a court could dismiss the case based on these motions.
The discovery phase allows both sides to sift through and evaluate the evidence in the case. Through the use of written questions and depositions, both parties can identify the evidence the other side intends to use at trial. This prevents any unfair surprises at trial.
The Trial
The truth about personal injury cases is that they rarely go to trial. An analysis by the Justice Department of tort cases in federal court found that approximately 2% of all lawsuits ultimately went to trial.
That said, taking a case to trial is often your best chance of obtaining the compensation you deserve. In some cases, the other side will simply not be willing to make a fair settlement offer. In other cases, the defense might not have the assets necessary to settle your claim.
During the trial, both sides will have a say in picking the jury. Each side will also put on evidence, including any witnesses who can help establish liability or prove the amount of damages. In the end, the judge or jury will make the determination on whether or not you will obtain a judgment.
Talk to an Attorney Today
Never take on the challenge of a personal injury lawsuit alone. Let the Georgia attorneys at Williams Elleby Howard & Easter assist you in pursuing the compensation you deserve. To learn more, call 833-LEGALGA (833-534-2542) or contact us online to schedule a free consultation.
For most people, receiving a personal injury settlement offer following an injury in Georgia is good news that carries with it one big question: Should I accept this offer? The following are three key questions to help you evaluate a personal injury settlement.
Will the Amount Cover Your Past and Future Accident-Related Expenses?
The financial impact of an accident leading to personal injuries can be devastating and long lasting. When considering an offer, make sure it covers all your past, current, and future, accident-related expenses including:
If the settlement amount does not, at a minimum, cover these costs, then it is too low. If you were not at fault, you should not be responsible for the costs you’ve incurred as a result of the accident.
How Much Pain and Suffering Has the Accident Caused?
If you’ve been injured in a car crash or other accident, you know that your losses incorporate more than just the financial losses. There’s the physical pain, anxiety, and mental suffering that you endured during your recovery from the accident. The emotional pain and suffering that often comes with having your life change in an instant is often more debilitating than the actual physical injuries. Common post-accident physical and emotional issues include headaches, nerve pain, back pain, insomnia, anxiety, and depression. Although a settlement cannot undo the accident, it should fully compensate you for your losses, including the pain and suffering you experienced.
How Strong Is Your Case?
When deciding whether to accept a Georgia personal injury settlement offer, you should consider the strength of your case. For a variety of reasons, some personal injury actions are harder to prove. If there are substantial hurdles in your case, for example, conflicting accounts of what occurred and no witnesses, then you have a higher risk of walking away with nothing if you turn down the offer and go to trial. In contrast, if you have a strong case, you may get less if you accept a low settlement offer and don’t go to trial.
When in Doubt: Ask Your Lawyer
Whether to accept a personal injury settlement is completely your decision. However, your attorney can help provide you with the knowledge you need to make an informed decision. Ask your attorney whether they think the offer is fair, why they think that, and whether they think you could do better at trial. Attorneys like the ones here at Williams Elleby Howard & Easter, who focus on Georgia personal injury cases, have the real world experience that is necessary to determine whether a settlement is reasonable. They know what is fair and what is not fair and they can help you decide on a counter-offer and negotiate on your behalf.
If you haven’t already obtained a Georgia personal injury attorney, you can still hire one after you’ve received a settlement offer. Contact Williams Elleby Howard & Easter at 833-LEGALGA to set up a free consultation with one of our caring, experienced attorneys. We’d love to discuss your case, your rights, and your options with you.
For years, Georgia law has held that plaintiffs in abusive litigation lawsuits may not seek punitive damages under any circumstances. That holding changed in February of 2020, thanks to a decision from the Supreme Court of Georgia.
The decision reversed a ruling from the Court of Appeals that held up the status quo. Now, plaintiffs pursuing compensation for abusive litigation have the right to seek punitive damages as well. Despite that right, there is no guarantee in any case that punitive damages will be granted.
What Is Abusive Litigation?
Because of the costly nature of litigation, Georgia has adopted a law that provides for recourse when a person or business faces a frivolous lawsuit. This law, known as “Liability for Abusive Litigation” provides civil liability for any party that files a lawsuit or continues with litigation in bad faith. According to state law, litigation is abusive if the party to the lawsuit:
acts with malice, and
acts without substantial justification, or the legal action is frivolous, groundless, or vexatious.
To proceed with a claim for abusive litigation, the defendant to the original lawsuit must notify the plaintiff that they intend to do so in writing. This notice must give the original plaintiff an opportunity to dismiss the case or discontinue their frivolous position. If they fail to do so, they could face a lawsuit of their own for abusive litigation. While a successful claim could lead to actual damages, prior case law prevented a person from seeking punitive damages if their abusive litigation claim was successful.
Coen v Aptean
The issue of punitive damages in abusive litigation claims reached the Georgia Supreme Court in the case of Coen v Aptean. In the case, plaintiff Coen and his employer were embroiled in litigation for years. Ultimately, the cases were decided in Coen’s favor. Coen then sued Aptean for abusive litigation and sought punitive damages. The trial court and the Court of Appeals both blocked Coen from seeking punitive damages, and the issue went to the Georgia Supreme Court. According to the Supreme Court, punitive damages are available as long as the claim for abusive litigation was not based on damages for injuries to happiness, peace, or feelings. The court held that outside of that narrow limitation, punitive damages were not a form of impermissible double recovery and were available in these cases.
The primary impact of this decision is fairly clear in that it allows most plaintiffs pursuing a claim of abusive litigation to seek punitive damages as part of their recovery. However, the decision could have other far-reaching consequences. The court confirmed that the phrase “all damages allowable by law” was as broad as many plaintiffs have long argued, which could mean statutes with that language allow for the recovery of attorney’s fees.
Discuss Your Claim With Williams Elleby Howard & Easter
The law surrounding a plaintiff’s right to recovery continues to change. Given the constant updates to statutes and case law, it is crucial that you seek the guidance of experienced legal counsel before pursuing any legal claim. To discuss your options, call 833-LEGALGA to schedule a free consultation with Williams Elleby Howard & Easter.
Automobile accidents happen in the blink of an eye, but the consequences of them, even when you are not at fault, last much longer. The physical and financial recovery from automobile accidents can take months to years. Dealing with insurance companies is often one of the more stressful parts of the experience.
As well-known Georgia personal injury attorneys, we often get asked whether insurance companies have to be allowed access to your medical records after an accident. The answer depends on which records they are seeking.
Insurance Companies Can Get Some Medical Records
If you’ve been in a Georgia motor vehicle accident with injuries and are seeking compensation for those injuries from your insurer, or another driver and their insurer, you will have to show documentation of your injury. Since your injury is at issue, insurance companies will be allowed some access to your medical records.
The purpose of permitting insurance companies access is to allow them to investigate the truth of your claim. The records they may review are those that could be relevant to your Georgia automobile accident claim. While insurance companies should be allowed to verify your claim, they’re known to overreach, get more of your medical records than they are entitled to, and try to use them against you.
Be Cautious of Medical Record Requests
Insurance companies hope to find some pre-existing injury in your medical records to point to as the cause of your injuries, rather than it resulting from the Georgia motor vehicle crash. For example, if you suffered a neck injury, an insurance company may try to blame it on a sports injury you suffered 10 years prior. They will look for anything in your medical records to support their position. Seemingly innocuous doctor’s visits from the past can be turned against you.
Insurance companies have tricky ways of getting these records, such as having you sign a medical record authorization form that is very broad or lacks proper HIPAA language, or requesting more records than they are legally entitled to in the hopes you will turn them over voluntarily because you don’t know you can deny the request. We recommend that you always consult with an attorney before granting an insurance company’s medical record request. An attorney can help you understand what requests are proper. If any requests are not proper, the attorney can help you file the proper objectives and protect your medical privacy.
If you have been injured in a Georgia motor vehicle accident and are worried about pursuing your claims because of medical privacy concerns, contact Williams Elleby Howard & Easter at 833-LEGALGA to set up a free consultation with one of our caring, experienced attorneys. We’d love to discuss your case, your rights, and your options.
